Saturday, April 30, 2005

We *Said* No Food Allowed In Class....


CrimProfBlog brings our attention to an unusual story from the world of Jr. High:
A call about a possible weapon at a middle school prompted police to put armed officers on rooftops, close nearby streets and lock down the school. All over a giant burrito.
(Perhaps I should have said "A story from the unusual world of Jr. High.")

Friday, April 29, 2005

Your Law Firm URL


Something that many firms forget when creating a website is that somebody owns the URL for the website - and that ownership may be a difficult issue if the firm breaks up or changes its name. Switching a website from one URL to another can significantly affect the site's traffic, and abandoning a former URL can cause problems where clients are relying on outdated materials to find a firm, or are relying upon email addresses they have used in the past to contact a firm or its clients.

In my opinion, beyond ensuring that they (and not their website designer or hosting company) own their URL, firms should attempt to secure URL's which won't have to be changed in the event of personnel changes. If you're never going to change the first name in a firm named after a list of partners, consider it for your URL - be a butzel.com or a sidley.com. But if there may be change, think about using a URL that doens't need to change along with the personnel. No matter what else you choose, draft a partnership agreement which holds that the former URL stays with the firm even if for the limited purpose of maintaining website and email redirects to a new site.

And, with all due respect to the firms which create a website from the first letters of their partners' surnames followed by "law" or "lawyers", think about what you are spelling out. If your firm is Bryan, Allen & Davis, PC, it probably isn't a good idea to post your site under the URL "badlawyers.com" - even if it is memorable.

Dubyaspeak


The President said,
We also have a responsibility to improve Social Security by directing extra help to those most in need and by making it a better deal for younger workers. ...

First, millions of Americans depend on Social Security checks as a primary source of retirement income, so we must keep this promise to future retirees as well. As a matter of fairness, I propose that future generations receive benefits equal to or greater than the benefits today's seniors get.

So, out of "fairness" Social Security benefits will increase in absolute dollars, even as they decrease as adjusted for inflation?
Secondly, I believe a reformed system should protect those who depend on Social Security the most. So I propose a Social Security system in the future where benefits for low-income workers will grow faster than benefits for people who are better off.
Does this mean a future in which benefits for low-income workers will eventually exceed benefits for middle- and high-income workers? Or is this a proposal for flattening Social Security into a single amount paid regardless of income? If it is the former, it's a phase-out. Once you reach a certain tipping point, the working masses will object to paying a special tax for a program that no longer benefits them.

I have repeatedly said that I don't have a problem with transforming Social Security into a needs-based system, provided it is maintained at a sufficient level to actually keep retirees out of poverty. (GW's own father probably collects Social Security, as he tools around Nantucket by the family's multi-million dollar estate in his Cigarette boat - he doesn't need it, and he wouldn't miss it.) However, if you do that, you should also be willing to shift the "social welfare" component of the Social Security system to the general fund. Also, any such transformation should not simply be a pretext to undercut popular support for the system, such that it can be eliminated at a later date - but that should follow from my prior statement about preventing poverty.
Third, any reform of Social Security must replace the empty promises being made to younger workers with real assets, real money.
Whatever I am to make of Bush's insistence that he is a liar, out to defraud the working masses, treasury notes are "real assets".
I believe the best way to achieve this goal is to give younger workers the option - the opportunity - if they so choose, of putting a portion of their payroll taxes into a voluntary personal retirement account.
Younger workers can already put money into IRA's, or similar retirement investment vehicles. Heck - they can even invest in treasury notes, despite Bush's insistence that those notes are fake assets, fake money.
Because this money is saved and invested, younger workers would have the opportunity to receive a higher rate of return on their money than the current Social Security system can provide.
... And, of course, to receive a lower rate of return.

Whoah - and check this out:
I know some Americans have reservations about investing in the stock market, so I propose that one investment option consist entirely of treasury bonds, which are backed by the full faith and credit of the United States government.
So the Social Security Trust Fund is a fiction, becasuse it is composed of treasury notes which aren't real assets or real money - and "there is no trust". So why would the same investment vehicle be "backed by the full faith and credit of the United States government" when in a "private account" as opposed to the Social Security trust fund?
Options like this will make voluntary personal retirement accounts a safer investment that will allow an American to build a nest egg that he or she can pass on to whomever he or she chooses.
Every time the Bush Administration has been pressed for specifics on private accounts, they have suggested that, upon retirement, people will be forced to purchase annuities with the balance in their accounts. There is absolutely no indication that these annuities will be payable to an heir in the event that they are not wholly depleted before a retiree dies. It is long past time when Bush provided absolute specifics about his plan, such that his promises that the accounts may be left to one's heirs are not being repeatedly and consistently contradicted by everybody else in the Administration.

Tuesday, April 26, 2005

Your Law Firm Website


LLRX presents an article about law firm websites which starts with, well, the painful truth:
For those of you lawyers and firms with websites, though, I’m going to make a broad, sweeping generalization – they stink. I know you’d like to think I’m talking about everybody’s site except yours, but I’m going to go out on a limb here and say that yours does, too.
For the most part, I agree with the article. I am indifferent to some of the points - I don't think it's a big deal, for example, if a firm posts attorney pictures in B&W and have seen it done well and tastefully on a number of sites (with tasteless garish pictures on some sites that prefer color). I do, however, take issue with a couple of the author's assertions.
How often should your content change? At least once a week. And by that I mean that everything on your home page should be brand new at least once a week. So you can do a whole turn-and-burn every Monday, or you can rotate out 1/5th of your stuff every weekday. Is that a lot of work? Sure. But nobody said being relevant and attracting clients to your firm would be easy. Your alternative is to keep being boring and stuffy. It’s entirely your call.
A law firm should strive to continuously add new content to a site, but it's a bit much to insist that the whole site should change on a weekly basis. Part of the calculus should be why you expect clients to come to your site. If you are expecting the same group of clients and potential clients to come, over and over again, change can be very good. If you are anticipating that your firm's site will primarily be recruiting new clients who haven't seen the site before, "change for the sake of change" can be unduly burdensome, and if it also involves reorganizing your site or changing the content of pages key to your search engine traffic, it can harm your search engine ranking. A static, encyclopedic site can do a lot more to generate business (and, should you choose, other forms of revenue) than an ever-changing site. (And I've seen quite a few high-content, frequelty updated sites suddenly become neglected, as the sponsoring lawyer or firm realizes that it isn't generating clients or is simply taking too much time to maintain.)
So you need to put as much interactivity into your site as possible. Studies have shown that websites with games are the most “sticky” of any on the Internet. And while I don’t suggest that you put a Vegas-style gambling panel on every page of your firm’s site, I do suggest that you think about your site as a chance for interaction, rather than just a table to lay brochures on.
Certainly, some of the author's suggested interactivity, such as online calculators or (secure) intake forms, can be helpful to a firm's client recruitment and practice. Again, though, it is important to consider the type of client you are targeting with the site when deciding which forms of interactivity are likely to work for you. If you don't have a lot of time to devote to your site, but have a lot of clients who are interested in results that might be determinable through an online calculator or similar automatic feature, such a feature can be a good addition - in fact, if it is appealing to potential clients, given that the time investment is in creation and not maintenance it would be a good idea to add such features even in the unlikely event that you have tons of spare time. But if the interactivity requires a time commitment from your side, don't bite off more than you can chew. It is better to have a boring site than to have your first interaction with certain clients be a disappointment to them.
If your firm isn’t blogging, it needs to be. Blogs are to PR what email was to letters and desktop publishing was to the print industry. Blogging is public relations on steroids and a sugar high at the same time. And I mean that in a good way. And blogs are perfect for law firms.
Well, not necessarily. Blogs can be a good way to get effective ownership of certain keywords in search engines - name a blog after your desired legal keyword or phrase, update regularly, and there's a good chance you'll do well under those keywords in search engine results. Blogs can also be sufficiently interesting or authoritative that they are read by a number of clients and potential clients on a regular basis, informing or reminding them of your expertise. But blogs are something of a "here today, gone tomorrow" form of publishing - archived pages on blogs tend to fall out of favor with search engines, even as the new content may continue to get good search engine results. Also there is no guarantee that, just because you blog about a legal subject and do it well, that your blog will be read or that it will garner return visits.

If you are posting quality articles to your law firm blog, it is probably a good idea to post articles to a static, well-indexed article archive on your site, and quote a few paragraphs to your blog with a link to the article.

Remember this - the biggest advocates of law firm sites were the people selling those sites, and for the most part those sites stink. Now, with that market relatively saturated, many of the same people acknowledge that legal websites mostly stink and are pitching "blawgs."

And *That* Makes All The Difference


In suggesting that we should emulate Chile's system of private pensions to replace Social Security, John Tierney states:
You may suspect that Pablo has prospered only because he's a sophisticated investor, but he simply put his money into one of the most popular mutual funds. He has more money in it than most Chileans because his salary is above average, but lower-paid workers who contributed to that fund for the same period of time would be in relatively good shape, too, because their projected pension would amount to more than 90 percent of their salaries.

By contrast, Social Security replaces less than 60 percent of your salary - and that's only if you were a low-income worker. Typical recipients get back less than half of their salaries.
Okay... all well and good. But what if the stock market underperforms? Tierney explains that "But if you contribute for at least 20 years, Chile guarantees you a minimum pension that, relative to the median salary, is actually more generous than the median Social Security check."

You know what, John? If President Bush were to propose private accounts with an accompanying guarantee that nobody's Social Security benefits would be reduced as a result, we wouldn't even be having a debate. If he guaranteed benefits more generous than those which would be paid under the current system, as you assert is the case under the Chilean system you wish for us to emulate, the nation would stampede to support him. When can we expect your column explaining why Bush doesn't offer such a guarantee?

Monday, April 25, 2005

Purple Ink


One of the stranger gripes I have been hearing lately is that some teachers, somewhere in the country, have supposedly switched from grading papers in red ink to grading them in purple ink. This, according to the critics, is supposedly to spare the feelings of children who might be jarred by seeing exactly the same criticisms written in red as opposed to purple.

First, what difference does it make if the teacher uses red ink or a different color? I recall having teachers who preferred green ink or black felt tip marker. The grade is the same, the comments are the same, so if the teacher prefers not to use red for any reason whatsoever, who cares? (And why do they waste their time caring about something so petty?)

Second, if it truly does help some kids learn if their corrections are in a less jarring color than red, what's wrong with helping them learn? Personally, I don't recall seeing red corrections as any more stigmatizing than those written in other colors, but if some kids do... why should I object to a teacher doing something to help them learn?

I do recall one teacher I had, who had a habit of writing a large, red grade on each paper, enclosed by a red circle, using a rather thick felt tip marker. As she returned papers to students, she would flash the grades to the class in what I think she hoped would be regarded as an accidental manner. If she were somehow forced to use purple, and believed that interfered with her attempts at stigmatization, I think she would have simply made her grades and circles even larger.

A woman after George Will's heart?

Sunday, April 24, 2005

Internal Consistency?


I recall a few months ago, reading Nicholas Kristof insist that Blue America had to refrain from condescending to Red America. This article summarizes his stance:
New York Times columnist Nicholas Kristof argued in favour of an implicit split in America, saying that the Democrats had "lost touch" with blue-collar voters who were once the backbone of the party.

"One-third of Americans are evangelical Christians and many of them perceive Democrats as often contemptuous of their faith," Kristof wrote. "Frankly, they're often right."
Today, in arguing for more depictions of interracial couples on TV, Kristof argues:
Popular entertainment shapes our culture as well as reflects it, and one breakthrough might come late next year with the possible release of "Emma's War." That's a movie that 20th Century Fox is considering, in which a white woman - Nicole Kidman is being discussed - marries an African. It's great that Hollywood is close to catching up to Shakespeare's "Othello."

Let's hope that Hollywood will finally dare to be as iconoclastic as its audiences. It's been half a century since Brown v. Board of Education led to the integration of American schools, but the breakdown of the barriers of love will be a far more consequential and transformative kind of integration - not least because it's spontaneous and hormonal rather than imposed and legal.
Now, it's not that Kristof doesn't have a point that interracial relationships make TV and movie producers nervous. But isn't this an argument for Hollywood to finish a process of social transformation, and implicit within that argument that it is blue-collar America and the Bob Jones-type evangelicals who need to be brought into the 21st century? Does he really think those segments of society which still get hung up on interracial dating and marriage are going to have an epiphany after seeing a Nicole Kidman movie?

Pet Peeve


Global warming and the thinning of the ozone layer are separate environmental issues.

(I know everybody reading this already knows that, but sheesh... the illiterati have taken over your television set.)

Friday, April 22, 2005

Dear K-Mart Customer....


I received a reply from K-Mart, in relation to February's incident with a security guard. The manager of the store called to express that the guard, who worked for a security company they had hired on contract, had been terminated within days of the incident due to a number of similar "interactions" with other customers.

Thursday, April 21, 2005

The Madison County Freakin' Plagiarists


You may or may not have heard of the "Madison County Record", which was created by the U.S. Chamber of Commerce "as a weapon in its multimillion-dollar campaign against lawyers who file" questionable lawsuits:
Neither Anderson nor Timpone see any need for the paper to disclose in its pages that the chamber is an owner. Timpone said the chamber doesn't dictate the paper's news content and he defends the stories he runs as genuine news. He said he chose not to divulge the Record's connection to the chamber in print because "I was afraid we'd be prejudged. I thought, 'Let people judge us by our actions.'"
Well, gee... You would think that with a $million dollar budget, they could have managed to draft a few original paragraphs for this page, rather than plagiarizing Jones Act material from my website.

Remember - they want us to judge them by their actions....

[Update: They responded quite promptly to an email, and have added a link to my site consistent with what I asked them to do if they wished to continue to use the material. Given that the principals of the organization probably had no idea that somebody had been "borrowing" passages from around the Internet on their behalf, I will give them credit for quickly taking both responsibility and remedial action.]

Wednesday, April 20, 2005

What A Maroon


Apparently, Tom Delay has taken to attacking Justice Kennedy for using electronic research services?
We've got Justice Kennedy writing decisions based upon international law, not the Constitution of the United States? That's just outrageous," DeLay told Fox News Radio on Tuesday. "And not only that, but he said in session that he does his own research on the Internet? That is just incredibly outrageous."
Sure... Absolutely outrageous....

Tuesday, April 19, 2005

An Alternative Hypothesis....


Authors of a study published by the American Heart Association reportedly suggest that weight gain during the first few weeks of life may program an individual for future weight problems.
"Our main finding was that rapid weight gain during the first week of life in this population of healthy, European-American, formula-fed infants was associated with being overweight two to three decades later," said lead author Nicolas Stettler, M.D., M.S.C.E., a pediatric nutrition specialist at The Children’s Hospital of Philadelphia.

"It suggests that there may be a critical period in that first week during which the body's physiology may be programmed to develop chronic disease throughout life," Dr. Stettler added.

"Our findings also point toward new potential targets for preventing obesity," he said. "If these results are confirmed by other studies, they may lead to interventions in newborns to help prevent long-term development of obesity."
How's this for an alternative hypothesis: Babies who gain weight more easily grow up to be adults who gain weight more easily. Or is that too obvious?

Sunday, April 17, 2005

What A Deal....


A producer calls to inform you that his company is interested in featuring you on an educational program for PBS, hosted by a well-known celebrity. Intriguing.

You call back. The producer can't recall what subject he had in mind when he called you, explaining that he had called a lot of people. After fishing around a bit, he still can't quite pinpoint the subject, and starts asking questions about your areas of expertise.

After further discussion, the producer shifts from talking about the educational programming to your marketing strategy - have you ever considered making a documentary about your business?

The deal boils down to this: The company produces "documentary" material of varying lengths, for use as "interstitial programming" by PBS stations. It is building a "library" of material, and if it deems a segment suitable it pays the celebrity to record a brief introduction, and distributes the video to PBS stations. Not all of the videos it produces will be considered for such segments - many will simply go into its "library" for possible future productions. But if you participate, they will produce a video approximately eight minutes long featuring your material, and will give you a copy of that video. Also, they will produce a two minute video that highlights your business. (They promise to air that video clip on various cable channels, approximately fifty times, whether or not they do anything with the actual educational material you provide.)

All this for an "underwriting fee" of only $22,900.00. (And, the producer claims, they need an answer within days, because their production schedule is so busy.)

Curiously, there is no mention of either this company or its programming anywhere on the PBS website.

Now where did I put my checkbook....

Saturday, April 16, 2005

Mistaken Impressions


I have no real objection to the color portraits that the New York Times places alongside its opinion pieces. But every now and then I find myself wondering why Regis Philbin is writing a guest editorial. (Separated at birth?) (Illustration)

... Just Like Magic


Looking for an update on yesterday's unexpected discovery of cash, I find....
A man who robbed an Ann Arbor bank Friday afternoon lost most of the cash due to exploding dye packs, police said. ... A dye pack in the bag exploded before he could escape, staining the money and dispersing a tearing agent into the lobby.

The man, who wore a plastic mask that covered his mouth and nose, along with clear goggles, then demanded access to the vault while pointing his gun at the manager's head, said Senior Special Agent Greg Stejskal of the Ann Arbor FBI office.

He fled with another bag of cash also containing a dye pack that activated in the parking lot. Witnesses said he then got into a waiting car described as a silver four-door sedan that was last seen heading south on Pittsfield Boulevard. ...

[Detective Sgt. Rich] Kinsey said contaminated cash was found by a resident several blocks south of the bank late Friday afternoon, and Pittsfield Township police officers located more contaminated bills in the Showcase Cinemas parking lot along Carpenter road.
They found it all by themselves? Why do I feel like Rodney Dangerfield? ;-)

Friday, April 15, 2005

It's Dead, Jim


Justice Scalia on the Constitution:
"The Constitution is not a living organism," Scalia said.
And, I'm quite sure, he would insist that anybody who disagrees is being highly illogical. It's too bad that there aren't any Star Trek shows presently being produced, because Scalia would be an interesting guest star - something of an odd cross between Spock and Bones.

"Excuse me - did you drop, um, $10,000.00 in the parking lot?


While parking at Showcase Cinemas for a matinee of... well, "Grandma's babysitting, so anything's good" (and that does seem to be how we pick movies now that we have a baby)... I noticed something a bit unusual in the next space over. It looked a bit like play money, being the size of regular currency but a pink and red color. And a bit charred.... And, for that matter, banded with five "$2,000" paper bands, representing $10,000.00 in $20 bills. (Or, more correctly, an ink bomb disguised as $10,000.00 in $20 bills.)

We notified the police. We hope that they catch the crooks... dare I say, red-handed?

Thursday, April 14, 2005

Wednesday, April 13, 2005

Interesting....


In this post, Orin Kerr of the Volokh Conspiracy not only brings us news of the new SAT, he unmasks himself as a Spinal Tap fan.

Tuesday, April 12, 2005

So What Is The *Right* Solution?


In the vein of many bloggers, the Washington Post recently took Maryland to task for passing a tax - which was in essense a tax on Walmart - to coerce the retail giant to offer more insurance benefits to its workers. The Post's assessment? "Right problem, wrong solution. In acknowledging the problem, the Post writes:
Wal-Mart, an unlovable colossus, has more than 15,300 full- and part-time employees at its 52 stores in Maryland, many of them paid a good deal less than $10 an hour. Partly as a result of those modest wages, about half the workers opt out of a company health plan that requires them to contribute premiums and deductibles, reducing their take-home pay. When they get sick or hurt, the cost is borne by emergency rooms or by the state's taxpayers (including Wal-Mart's own unionized competitor, Giant Food Inc. ) in the form of Medicaid.
And sure, if the Post were a blogger, it might be reasonable for it to stop there. But the Post is supposedly something more significant than a weblog, and thus it seems that it should have offered both a better analysis, and possibly even its thoughts on what might constitute the right solution.

Many people look at "big box" retailers like Walmart and recognize that they receive enormous indirect subsidies from the state, including road expansions to help ferry the massive customer traffic they require to support their floor space and inventory. Such retailers also often get tax incentives and subsidies for locating their stores in certain areas. But that's peripheral to the health care issue. The Walmart employees at issue do not receive sufficient wages to purchase meaningful health care coverage for themselves and their families, apart from any group plan offered by Walmart. If Walmart fails to offer health care coverage, or makes the worker's contribution unaffordable, it follows that the workers will be without coverage. It also follows that an uninsured worker making $8-$10 per hour will have great difficulty paying a significant medical bill. Thus, the question becomes, who should pay the bill?

The State of Maryland has, through this legislation, suggested that it is more fair for the employer to pay the bill - whether through payments to the state which help offset the cost of providing that care, or through greater health care coverage for its employees - than it is for other taxpayers, or for businesses which already do provide reasonable health care coverage to their employees. The Post disagrees, but has no further answer.

The Post's rationale - that if you force a Walmart-type retailer to make adequate health insurance available to its employees, you will encourage it to set up shop elsewhere - also applies to any other means of paying for the uninsured health care. A general business tax, affecting those businesses which already do provide adequate health care, would be a disincentive to locating in the state and would also place an unfair burden on responsible businesses. Continuing to ask the people of Maryland to subsidize the health care of Walmart's workers seems unfair, and higher sales or income taxes can also serve as a disincentive to businesses considering locating within a particular state. What's left - deficit spending?

Yes, the Maryland bill is ungainly, and focuses unduly on Walmart as opposed to the many other employers in the state which also fail to provide sufficient medical coverage to their employees. But it would be nice if the Post would propose something more in the way of a possible solution, or even a possible step forward, instead of its declaration of "wrong solution".